Common use of PROVISIONS RELATED TO CONTRACTOR Clause in Contracts

PROVISIONS RELATED TO CONTRACTOR. 4.1. Contractor shall work a sufficient number of hours per week to ensure that the Services are completed within the Term of this Agreement in accordance with Attachment A – “Description of Services” and Attachment B – “Fee Schedule/Invoicing.” 4.2. Contractor may represent, perform services for, and contract with as many additional clients, persons, or companies as Contractor, in Contractor’s sole discretion, sees fit. 4.3. Contractor may perform the Services under this Agreement at any suitable time and location Contractor chooses. 4.4. Contractor agrees to provide worker’s compensation insurance for Contractor and all Contractor Parties. 4.5. Contractor, at Contractor’s sole cost and expense, shall obtain and maintain in effect during the Term a commercial general liability insurance policy, naming SDWP, the City of San Diego, and the County of San Diego as additional insured, protecting against any and all claims for injury to persons or property, protecting against assumed or contractual liability under this Agreement, and covering negligent acts and omissions of Contractor and Contractor Parties, with such policy to be in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence, and with an aggregate limit of at least Two Million Dollars ($2,000,000.00). Contractor shall provide SDWP a certificate evidencing such insurance. 4.6. Contractor represents that Contractor has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of SDWP. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the manner in which the work under this Agreement will be performed. 4.7. Performance of this Agreement and all work or obligations covered by and arising out of this Agreement shall be at the risk of Contractor exclusively. To the fullest extent permitted by law, Contractor shall, with respect to the Services, and all work and other obligations covered by or arising out of this Agreement, or the performance thereof, indemnify, protect, defend and hold harmless SDWP, the City of San Diego, the County of San Diego and each of their officers, directors, partners, joint ventures, representatives, and/or employees (collectively “SDWP Parties”) forever against and from any and all allegations, losses, claims, actions, demands, damages, liabilities, or expenses (including costs, expenses and attorneys' fees reasonably incurred), arising directly or indirectly from this Agreement, or the performance thereof, except to the extent that the matter in question has been caused by SDWP’s sole negligence or sole willful misconduct. 4.8. Neither this Agreement nor any duties or obligations of Contractor under this Agreement may be assigned by Contractor without the prior written consent of SDWP. 4.9. Contractor shall comply and shall cause all Contractor Parties to comply with all federal, state, and local statutes, ordinances, and regulations, and shall obtain all licenses and permits required for the performance of Services and Contractor’s obligations under this Agreement.

PROVISIONS RELATED TO CONTRACTOR. 4.1. Contractor shall work a sufficient number of hours per week to ensure that the Services are completed within the Term of this Agreement in accordance with Attachment A – “Description of Services” and Attachment B – “Fee Schedule/Invoicing.” 4.2. Contractor may represent, perform services for, and contract with as many additional clients, persons, or companies as Contractor, in Contractor’s sole discretion, sees fit. 4.3. Contractor may perform the Services under this Agreement at any suitable time and location Contractor chooses. 4.4. Contractor agrees to provide worker’s compensation insurance for Contractor and all Contractor Parties. 4.5. Contractor agrees to indemnify, protect, defend, and hold harmless SDWP and SDWP Parties (defined below) forever against and from any and all claims for, or arising out of, employment practices, personal injury, bodily injury, property damage, disability, or death, of or by Contractor and all Contractor Parties. 4.6. Contractor, at Contractor’s sole cost and expense, shall obtain and maintain in effect during the Term a commercial general liability insurance policy, naming SDWP, the City of San Diego, and the County of San Diego as additional insured, protecting against any and all claims for injury to persons or property, protecting against assumed or contractual liability under this Agreement, and covering negligent acts and omissions of Contractor and Contractor Parties, with such policy to be in the minimum amount of One Million Dollars ($1,000,000.00) per occurrence, and with an aggregate limit of at least Two Million Dollars ($2,000,000.00). Contractor shall provide SDWP a certificate evidencing such insurance. 4.64.7. Contractor represents that Contractor has the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of SDWP. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all the Services required under this Agreement constitutes a material breach of the Agreement. Contractor has complete and sole discretion for the manner in which the work under this Agreement will be performed. 4.74.8. Performance of this Agreement and all work or obligations covered by and arising out of this Agreement shall be at the risk of Contractor exclusively. To the fullest extent permitted by law, Contractor shall, with respect to the Services, and all work and other obligations covered by or arising out of this Agreement, or the performance thereof, indemnify, protect, defend and hold harmless SDWP, the City of San Diego, the County of San Diego and each of their officers, directors, partners, joint ventures, representatives, and/or employees (collectively “SDWP Parties”) forever against and from any and all allegations, losses, claims, actions, demands, damages, liabilities, or expenses (including costs, expenses and attorneys' fees reasonably incurred), arising directly or indirectly from this Agreement, or the performance thereof, except to the extent that the matter in question has been caused by SDWP’s sole negligence or sole willful misconduct. 4.84.9. Neither this Agreement nor any duties or obligations of Contractor under this Agreement may be assigned by Contractor without the prior written consent of SDWP. 4.94.10. Contractor shall comply and shall cause all Contractor Parties to comply with all federal, state, and local statutes, ordinances, and regulations, and shall obtain all licenses and permits required for the performance of Services and Contractor’s obligations under this Agreement.